Singh’s case (supra), which can be gainfully followed in the present case,

read as under: –

“Although the discretionary power of transfer of cases cannot
be imprisoned within a strait-jacket of any cast-iron formula
unanimously applicable to all situations, it cannot be gainsaid
that the power to transfer a case must be exercised with due
care, caution and circumspection. Reading Sections 24 and 25
of the Code together and keeping in view various judicial
pronouncements, certain broad propositions as to what may
constitute a ground for transfer have been laid down by
Courts. They are balance of convenience or inconvenience to
plaintiff or defendant or witnesses; convenience or
inconvenience of a particular place of trial having regard to
the nature of evidence on the points involved in the suit; issues
raised by the parties; reasonable apprehension in the mind of
the litigant that he might not get justice in the court in which
the suit is pending; important questions of law involved or a
considerable section of public interested in the litigation;
interest of justice demanding for transfer of suit, appeal or
other proceeding, etc. Above are some of the instances which
are germane in considering the question of transfer of a suit,
appeal or other proceeding. They are, however, illustrative in
nature and by no means be treated as exhaustive. If on the

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above or other relevant considerations, the Court feels that the
plaintiff or the defendant is not likely to have a fair trial in the
Court from which he seeks to transfer a case, it is not only the
power, but the duty of the Court to make such order.”

Again, deliberating on an identical issue, in the case of Dr.

Subramaniam Swamy (supra), the Hon’ble Supreme Court held as under:-

“The question of expediency would depend on the facts and
circumstances of each case but the paramount consideration
for the exercise of power must be to meet the ends of justice. It
is true that if more than one court has jurisdiction under the
Code to try the suit, the plaintiff as dominus litis has a right to
choose the Court and the defendant cannot demand that the
suit be tried in any particular court convenient to him. The
mere convenience of the parties or any one of them may not be
enough for the exercise of power but it must also be shown that
trial in the chosen forum will result in denial of justice. Cases
are not unknown where a party seeking justice chooses a
forum most inconvenient to the adversary with a view to
depriving that party of a fair trial. The Parliament has,
therefore, invested this Court with the discretion to transfer the
case from one Court to another if that is considered expedient
to meet the ends of justice. Words of wide amplitude- for the
ends of justice- have been advisedly used to leave the matter to
the discretion of the apex court as it is not possible to conceive
of all situations requiring or justifying the exercise of power.
But the paramount consideration must be to see that justice
according to law is done; if for achieving that objective the
transfer of the case is imperative, there should be no hesitation
to transfer the case even if it is likely to cause some
inconvenience to the plaintiff. The petitioner’s plea for the
transfer of the case must be tested on this touchstone.”

(emphasis supplied)

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The above-said law laid down by the Hon’ble Supreme has also

been followed by this Court in order dated 16.03.2016 passed in TA No.945